The Constitution says what the Supreme Court says it says?

Discussion in 'Political Opinions & Beliefs' started by Chickpea, Aug 14, 2023.

  1. TOG 6

    TOG 6 Well-Known Member

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    Cite?
     
  2. Green Man

    Green Man Banned

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    Ah, there it is. Thank you for the correction.
     
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  3. modernpaladin

    modernpaladin Well-Known Member Past Donor

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    I dont think theres anyone who agrees with everything the SC rules. But theres no shortage of people who will try to use their rulings to win an argument anyway, when it suits them.

    ...which is valid in a court of law, but rather disingenuous in most other settings. Unless one is of the opinion that rights and morals are derived from the legal system, which few will admit to believing, but many seem to nonetheless believe anyway.
     
    Last edited: Aug 15, 2023
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  4. conservaliberal

    conservaliberal Well-Known Member

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    No, the Supreme Court cannot distort the meaning of the words that were written into the Constitution and its 27 Amendments. At the time the Constitution and all Amendments were written, a "year" consisted of either 365 days (except during 'leap year').

    BUT, as we have seen throughout history, important parts of the Constitution have been negated, contorted, or simply ignored, depending on whatever whim was in fashion with the ruling power 'bloc' of the day.

    Perhaps the very best example of this is what happened to the 10th Amendment! The wording of the 10th Amendment, which as not changed since it was added to the Constitution on December 15, 1791, reads thus:

    "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

    Very obviously, the Federal Government under Abraham Lincoln, crushed the 10th Amendment, and it has never been restored to its original meaning in actual practice ever since....

    [​IMG]."The 10th Amendment says what I tell you it says, or else!" :hiding:
     
    Last edited: Aug 15, 2023
  5. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

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    Maybe they are simply telling you that your understanding differs from the Supreme Court understanding.

    But they haven't said that, have they.
     
    Last edited: Aug 15, 2023
  6. Jack Hays

    Jack Hays Well-Known Member Donor

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    I did, and that remains bedrock truth, but I ration my time.
     
  7. Eleuthera

    Eleuthera Well-Known Member Donor

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    There is a more recent Brunson case out of Utah. Wake up and smell the napalm.
     
  8. Eleuthera

    Eleuthera Well-Known Member Donor

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  9. Alwayssa

    Alwayssa Well-Known Member

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    Maybe you should provide the link of that case then and let me read it.
     
  10. Alwayssa

    Alwayssa Well-Known Member

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  11. Eleuthera

    Eleuthera Well-Known Member Donor

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    It is far too complicated for you to understand. I'm more of a psychologist/sociologist than a lawyer.

    SCOTUS refused to engage the obvious facts presented because it is more concerned with protecting the status quo than in defending the US Constitution and the rule of law.
     
  12. TOG 6

    TOG 6 Well-Known Member

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    https://www.sltrib.com/news/politics/2023/02/21/supreme-court-again-rejects-utah/

    A lawsuit from a trio of Utah brothers seeking to kick President Joe Biden out of the White House and return Donald Trump to the presidency will not be heard by the U.S. Supreme Court. The high court again rejected the brother’s case on Tuesday.

    In January, the Supreme Court declined to consider Brunson v. Adams et al., which claimed nearly 400 members of Congress violated their oaths of office by failing to investigate claims of voter fraud in the 2020 election and certifying Biden’s Electoral College win on Jan. 6, 2021. The suit sought to remove Biden, Vice President Kamala Harris and those members of Congress from office, while immediately making Donald Trump eligible to be inaugurated as president. That request ignores the Presidential Succession Act, which specifies the Speaker of the House would be next in line for the presidency.

    In an appeal filed on Jan. 26, Raland Brunson, the lead plaintiff in the case, along with brothers Loy and Deron, argued the Supreme Court should reconsider the decision not to hear the case because it “represents a very powerful domestic covert operation” that has impacted the national security of the U.S., Canada and Mexico.
     
  13. Zorro

    Zorro Well-Known Member

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    Actually, it is that even logically possible?

    Let's consider:
    1. The Constitution says what 5 justices says it says.
    2. Lawrence v. Texas, we find the following sentence: “Bowers v. Hardwick was not correct when it was decided, is not correct today, and is hereby overruled.”
    3. If 1 is true, it's not possible for Bowers to have been wrong when it was decided, since it was the decision of a Supreme Court majority, and therefore was all that the Constitution could mean.
    4. Therefore the Lawrence majority must be wrong when it says that Bowers was “not correct when it was decided.”
    5. But if 1 is true and the Lawrence decision is a decision of the majority it could not wrong about the fact that Bowers was wrong.
    6. It's not logically possible for both Lawrence and Bowers to be right, and yet both must be right if, in fact, 1 is right and the Constitution means only what the judges say it means.
    7. It's clear that 1. can't possibly be correct.
     
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  14. Chickpea

    Chickpea Well-Known Member

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    So are you saying that if the Supreme Court ruled that a year meant seven million days, then the president could essentially be the president for life?
     
  15. Jack Hays

    Jack Hays Well-Known Member Donor

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    Different justices, different decisions. All valid unless/until overruled. All Constitutional.
     
  16. Chickpea

    Chickpea Well-Known Member

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    So the constitution changed?
     
  17. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

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    Yes. They are the final arbiter of the law, and their ruling is final, unless they later overrule it.
     
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  18. Chickpea

    Chickpea Well-Known Member

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    Well, they are the final adjudicator of legal disputes.

    The law (i.e. the Constitution) does not change.
     
  19. Jack Hays

    Jack Hays Well-Known Member Donor

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    The Constitution remains. Rulings change, and with them our understanding of the Constitution.
     
  20. Chickpea

    Chickpea Well-Known Member

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    Adjudication of legal disputes doesn't change the constitution.
     
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  21. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

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    No one has argued it changes the Constitution, so you are arguing a strawman
     
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  22. Chickpea

    Chickpea Well-Known Member

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    Good to know. So the constitution is NOT what the Supreme Court says it is. It is what is written down for all of us to read and understand.
     
    Last edited: Aug 18, 2023
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  23. Jack Hays

    Jack Hays Well-Known Member Donor

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    The judges' decisions govern our understanding of the Constitution's meaning.
     
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  24. Jack Hays

    Jack Hays Well-Known Member Donor

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    As interpreted by the judges.
     
  25. Chickpea

    Chickpea Well-Known Member

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    Even when they're wrong?
     

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